There is reality, and, several thousand light-years away, there is whatever world the Biden administration inhabits. The level of delusion from this administration has always been astounding, but on Friday, a new decree from the White House was so baffling, so astoundingly ignorant of the Constitution, that it had me searching the interwebz to make sure it wasn’t a fake.
It wasn’t a fake. Joe Biden, or whatever Gen Z interns are running the show in the White House until Monday morning, has unilaterally declared that the Equal Rights Amendment is now “the law of the land.”
On January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the Equal Rights Amendment. The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.
It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.
The White House X account also presented this same decree, launching a stream of opprobrium.
Today I’m affirming what I have long believed and what three-fourths of the states have ratified:
The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. pic.twitter.com/oZtS6Q89zG
— President Biden (@POTUS) January 17, 2025
Note the date of the Virginia’s ratification: January 27, 2020. The original Congressional resolution that sent the Equal Rights Amendment to the states for ratification included a ratification deadline of seven years. The original deadline was March 1979. There was an extension, passed by a simple majority — not the two-thirds majority required for constitutional amendments — and signed by President Carter.
However, the president has no role in the passage and ratification of constitutional amendments, as the Supreme Court decided back in 1798.
The ratification of the Equal Rights Amendment has been fought and argued over since the passage of the original resolution in 1972. It will probably be fought over for years to come, despite the fact that the amendment failed ratification — but the world has no shortage of windmills to tilt at.
But this sudden, 11th-hour declaration by Joe Biden, or whoever is pulling his strings, is a head-scratcher. Even the interns running the White House social media accounts and press releases have to understand that this “affirmation” means less than nothing. The Equal Rights Amendment has not been ratified. It is not the law of the land. It remains as it was: a failed effort to amend the Constitution. Again, the President of the United States has no role in amending the Constitution. It is, as MacBeth said, “…a tale told by an idiot, full of sound and fury, signifying nothing.”
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This, from Article V of the Constitution, describes the amendment process:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
To President Biden, or whoever came up with this ridiculous decree, I can only say this: Affirm in one hand, defecate in the other, and see which hand fills up first. The President of the United States has no authority to make any such decree, and Joe Biden can “affirm” this until his eyes fall out and it means a grand total of nothing. This administration is leaving as it lived: with no knowledge of the Constitution and how this republic is supposed to work, and only a tenuous connection with reality.
